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WEST VIRGINIA RECORD

Tuesday, November 5, 2024

Steve Korris News


Judge right to dismiss homicide indictment, Justices rule

By Steve Korris |
CHARLESTON – Pine logs rolled off a truck and killed a woman, but according to the West Virginia Supreme Court of Appeals that doesn't make the truck driver a criminal.

Recht wrong to exclude expert witness, Justices say

By Steve Korris |
Recht CHARLESTON – Ohio Circuit Judge Arthur Recht improperly excluded neurosurgeon Peter Sheptak as an expert witness in a trial over a car crash, the West Virginia Supreme Court of Appeals has decided.

Toriseva to lead Multidistrict case in Rhode Island

By Steve Korris |
Toriseva WHEELING – Teresa Toriseva of Wheeling has secured an appointment to represent thousands of plaintiffs from 25 states in litigation over Kugel mesh hernia repair patches at a federal court in Providence, R.I.

Surgeon must pay half of ex-wife's fees in divorce

By Steve Korris |
CHARLESTON – A Beckley orthopedic surgeon must pay half of his former wife's $313,000 bill for legal fees and accounting services in their divorce, the West Virginia Supreme Court of Appeals has decided.

Man doesn't deserve new trial, Maynard says in dissent

By Steve Korris |
Maynard CHARLESTON – David Nelson does not deserve the new trial that the West Virginia Supreme Court of Appeals awarded him on charges that he joined four other men in brutally murdering a woman, according to Justice Spike Maynard.

'No contest' plea won't save driver's license, Justice rule

By Steve Korris |
Benjamin CHARLESTON – West Virginians can't preserve their driving privileges by pleading no contest to drunken driving instead of pleading guilty, the state Supreme Court of Appeals has decided.

Justices unanimously side with State Farm

By Steve Korris |
Albright CHARLESTON – Justices of the state Supreme Court of Appeals rejected a woman's claim under her auto insurance policy for emotional distress from her mother's death in a crash that happened under someone else's policy.

Judge Jack's nursing background triggered furor over still-active silicosis suits

By Steve Korris |
Judge Janis Jack When U.S. District Judge Janis Jack of Texas exposed 10,000 phony silicosis claims, her history as a nurse triggered a strong reaction to the shoddy practices of attorneys in her court and doctors who served them.

Justices give man another shot at trial

By Steve Korris |
CHARLESTON – David Nelson, branded as a brute with his brothers and others in the murder of a mother, has won a second chance to prove his innocence.

Supreme Court restores full custody to mother from babysitters

By Steve Korris |
Maynard CHARLESTON – Swiftly and sternly, the West Virginia Supreme Court of Appeals restored to a mother full custody of her 4-year-old daughter.

Supreme Court OKs first med mal class-action suit

By Steve Korris |
Masters CHARLESTON – Kanawha Circuit Judge Charles King will preside over West Virginia's first medical malpractice class-action lawsuit.

Former legal star loses N.C., W.Va. licenses

By Steve Korris |
Poling CHARLESTON – Attorney Richard Poling, a bright young star in West Virginia 25 years ago, flamed out in Charlotte and lost his law licenses there and back home.

Honest silicosis claimant 'torpedoed' by own attorney, Jack says

By Steve Korris |
Jack U.S. District Judge Janis Jack found an honest silicosis suit among 10,000 phony ones, but attorneys for the honest plaintiff torpedoed his case and no other silicosis attorney would take him for a client.

Felony incent still haunts Milton woman 20 years later

By Steve Korris |
CHARLESTON – Fifteen years after Debbie Plumley finished serving time for felony incest, she must close an informal nursing home in Milton because of her crime.

Braxton magistrate pleads not guilty to conspiracy charge

By Steve Korris |
SUTTON – Braxton County Magistrate Carolyn Cruickshanks pleaded not guilty Oct. 23 to a charge that she conspired with her son to retaliate against a witness who helped send her son to jail.

Not enough Justices to hear flood appeal

By Steve Korris |
Calwell CHARLESTON – Charleston attorney Stuart Calwell approached the West Virginia Supreme Court of Appeals on Oct. 10 hoping to revive hundreds of six-year-old suits over flooding around Beckley, but the Court vanished before his eyes.

Justices defend motherhood in Cabell case

By Steve Korris |
Albright CHARLESTON – Becoming defenders of motherhood, the West Virginia Supreme Court of Appeals protested a Cabell County court order forcing a mother to share custody of her three-year-old daughter with babysitters.

Charleston wants Supreme Court to decide 'double dipping' case

By Steve Korris |
CHARLESTON – City leaders, facing a lawsuit either from their police union or the Charleston Gazette in a struggle for evidence that officers "doubled dipped" as private guards, would rather let someone else decide which powerful force to offend.

Man convicted in armed robbery pleads guilty to lesser crime

By Steve Korris |
CHARLESTON – Julian Smith, who after 15 years behind bars overturned a jury that convicted him of aggravated armed robbery, has pleaded guilty to a lesser crime.

Drunken driving case starts argument among Justices

By Steve Korris |
CHARLESTON – Normally attorneys do all the arguing at the West Virginia Supreme Court of Appeals, but a drunken driving case provoked an argument on the bench.